Don't Be Denied Your Right To Medical Leave

Many employees are entitled under federal law to a period of unpaid leave from their jobs to care for sick children, parents or spouses spend time with an infant after childbirth, or recovery from surgery or intensive medical treatment. Unfortunately, some workers run into problems at work when they try to take advantage of these rights.

If you have experienced unfair treatment for taking medical leave or if you've encountered pregnancy discrimination in the workplace, the compassionate employee rights lawyers at The Grubb Law Group want to hear about it. We are passionate about protecting the rights of employees throughout West Virginia and have been doing so for more than 50 combined years.

Contact us online to schedule a free initial consultation where you can discuss your employment law case in private with a team of attorneys who truly care about your best interests.

We Can Advise You On Your Rights

Provisions for unpaid medical leave under federal law is governed by the Family and Medical Leave Act (FMLA), which:

  • Applies only to employers who, for 20 or more calendar workweeks in the current or preceding calendar year, have employed 50 or more employees for each working day
  • Applies only to employees who have worked for the employer for at least 12 months and 1,250 hours in the year preceding the leave
  • Provides that employers must allow employees to take up to a 12-week unpaid leave of absence during any 12-month period for qualified family and medical reasons
  • Preserves qualified employees' positions for the duration of the leave
  • Employees generally cannot be punished or demoted for taking valid FMLA leave

At The Grubb Law Group, we believe in keeping our clients well-informed about their rights and how to protect their best interests in medical leave and pregnancy discrimination cases. Our attorneys can advise you on your rights concerning:

  • Protection under the Family and Medical Leave Act (FMLA)
  • Job security, continuing health insurance coverage, and other benefits under state or federal law
  • Maternity leave or paternity leave
  • Retaliation in the form of demotion, lost promotion, or reassignment after a period of medical leave
  • Retaliation for reporting violations of the FMLA

Pregnancy Discrimination In The Workplace

Pregnant women especially seem to run into problems in the workplace. Employers are often reluctant to hire them, and sometimes they are not allowed to return to work following a period of maternity leave. Pregnant women and new mothers may encounter difficulties concerning sick leave, vacation time or health insurance benefits.

The lawyers at The Grubb Law Group can analyze the circumstances of your situation to determine whether any unfair treatment violates the FMLA, your employer's personnel policies, or our state Human Rights Act. We can then present your claim in state or federal court, and if we can't settle it on favorable terms, we'll pursue your discrimination case vigorously at trial.

We Will Fight Back Against Injustices On Your Behalf

Some employers seem to think that they can lower their health insurance costs by denying fair employment conditions to people with newborn children, family members with serious medical conditions, or other circumstances that don't seriously affect their value as workers. We're here to remind these employers that such conduct may be unlawful and that their exposure to civil liability and litigation expenses will more than neutralize their perceived savings.

Let Us Protect Your Rights

Even though West Virginia is an at-will employment state, employers in our state don't have the right to fire, retaliate or discriminate against you for exercising your right to unpaid medical leave under the FMLA.

If your employee rights were violated, contact our Charleston law office and speak with one of our experienced employee rights attorneys. For a free initial consultation, call 304-982-7755 or send us a message.